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Non-joinder (meaning) - Where a person who is a necessary party to a suit has not been joined as a party to the suit, it is a case of non-joinder. A suit should not be dismissed on the ground of non-joinder. But if the decree cannot be effective without the absent parties, the suit is liable to be dismissed.
Joinder of parties is the assertion of claims for or against parties in addition to a single plaintiff and single defendant. Impleading occurs when a third party?against whom the defendant may himself have a claim?is brought into the original suit in the interests of time?
The shadow rules reveal a world in which some commonalities are more important than others, in which commonalities of fact and commonalities of law are given different weights, and in which the categorization of an issue as one of fact or as one of law makes all the difference to the joinder outcome of a case.
(a) Permissive Joinder. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiff's ing to their respective rights to relief, and against one or more defendants ing to their respective liabilities.
In ance with Pennsylvania Rule of Civil Procedure 1361, a Plaintiff filing a complaint, or Defendant asserting a New Matter (affirmative defenses) or Counterclaim, must include a Notice to Plead, which provides the opposing party with notice that they have twenty days to file a written response to the given ...
Code § 2255 - Procedure. (a) The procedure, including pleadings, between the party joining an additional defendant and the additional defendant shall be the same as though the party joining the additional defendant were a plaintiff and the additional defendant were a defendant.
(b) Joinder of Defendants. The indictment or information may charge 2 or more defendants if they are alleged to have participated in the same act or transaction, or in the same series of acts or transactions, constituting an offense or offenses.
Code § 2227 - Compulsory joinder. (a) Persons having only a joint interest in the subject matter of an action must be joined on the same side as plaintiffs or defendants.
Rule 1037. Judgment Upon Default or Admission. Assessment of Damages. (a) If an action is not commenced by a complaint, the prothonotary, upon [praecipe] praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.